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HomeMy WebLinkAboutO-2002-009 ORDINANCE NO. 2002-009 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A LICENSE AGREEMENT AMONG CITY OF DANIA BEACH, BASS PRO OUTDOOR WORLD, LLC AND TANGER PROPERTIES LIMITED PARTNERSHIP; PERMITTING THE LICENSEES, BASS PRO OUTDOOR WORLD, LLC AND TANGER PROPERTIES LIMITED PARTNERSHIP TO USE CITY PROPERTY FOR THE PLACEMENT AND MAINTENANCE OF BUSINESS IDENTIFICATION SIGNS AND ENTRANCEWAY FEATURES ADJACENT TO ANGLERS AVENUE; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach owns the real property which is a part of the right of way for Anglers Avenue; and WHEREAS, the Outdoor World Building and the Museum (which Museum is owned and operated by the International Game and Fish Association) utilize Anglers . Avenue as the primary entranceway to those developments, and WHEREAS, on September 22, 1998, pursuant to Resolution No. 152-98, the City Commission approved variances for signage relating to the above described property including the signage at Gulfstream Way (median sign), the North Fountain sign and the South Fountain sign; and WHEREAS, subsequent to the adoption of the Resolution granting the variances, a License Agreement permitting the usage of City property was negotiated among the City, Bass Pro Outdoor World, LLC ("Bass Pro") and Tanger Properties Limited Partnership ("Tanger"); however, the Agreement was never formally approved by the City Commission; and • Ordinance No. 2002-009 WHEREAS, it is the desire of the City Commission to formally approve and • enter into the License Agreement with Bass Pro and Tanger permitting Bass Pro and Tanger to use City property for the placement and maintenance of business identification signs and entranceway features as described above, subject to certain terms and conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, approves the License Agreement among City of Dania Beach, Bass Pro Outdoor World, LLC and Tanger Properties Limited Partnership permitting the Licensees, Bass Pro and Tanger to use City property for the placement and maintenance of business identification signs and entranceway features, a copy of which Agreement is attached as Exhibit "A" to this Ordinance. Section 2. That the proper City Officials are authorized and directed to execute the License Agreement and the City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper and in the best interest of the City. Section 3. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. That all ordinances or parts of ordinances in conflict with this ordinance are repealed to the extent of such conflict. 2 Ordinance No. 2002-009 Section 5.That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on first reading on February 26, 2002. PASSED AND ADOPTED on second reading on March 12, 2002. A L*� PATRICIA FL RY MAYOR — COMMISSIONER C fARLENE J H SON CITY CLERK ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES ® COMMISSIONER MIKES - YES VICE-MAYOR CHUNN - YES MAYOR FLURY - YES APPROVED AS TO FO M AND CORRECTNESS.- BY: THOMAS . ANSBRO CITY ATTORNEY 3 Ordinance No. 2002-009 AM FLORIDA March 19, 2002 Steven V. Hoffman Mastriana & Christiansen, P.A. Attorneys At Law 1500 North Federal Highway, Suite 200 Fort Lauderdale, Florida 33304 RE: BASS PRO -LICENSE AGREEMENT Dear Mr. Hoffman: On March 12, 2002, the Dania Beach City Commission adopted Ordinance No. 2002-009 approving the License Agreement among the City of Dania Beach, Bass Pro Outdoor World, LLC and Tanger Properties Limited Partnership. • As per our letter dated November 26, 2001, lease find enclosed p Y p herewith two fully executed originals of the agreement and a copy of the ordinance for your records. If I may be of further assistance, please contact me at (954) 924-3622. Sincerely, I ne Jo : on City Cle11 'rk CJ/mn Enclosures Cc: Thomas Ansbro, City Attorney Larry Leeds, Growth Management Director • "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us I—O1 lie'1gal of Ila 11 for IN 1111111111 Ulf 11111111111 fill LICENSE AGREEMENT INSTR ## 101798681 OR BK 32955 PG 0273 AMONG RECORDED K-127/2002 01:c3 PM coMMlssrcN CITY OF DANIA BEACH BROWARr COUNTY DEPUTY CLERK 19322 BASS PRO OUTDOOR WORLD, L.L.C. AND TANGER PROPERTIES LIMITED PARTNERSHIP THIS LICENSE AGREEMENT ("Agreement") dated March 12 _, 200 2 is among the CITY OF DANIA BEACH, a municipal corporation of the State of Florida, whose address is 100 W. Dania Beach Boulevard, Dania Beach, Florida 33004 ("City"); BASS PRO OUTDOOR WORLD, L.L.C., a Missouri limited liability company (successor of Bass Pro Outdoor World, L.P., a Missouri limited partnership by conversion dated 12/25/1999), whose address is 2500 East Kearney, Springfield, Missouri 65898 ("Bass Pro"); and TANGER PROPERTIES LIMITED PARTNERSHIP, a North Carolina limited partnership, whose address is 3200 Northline Avenue, Suite 360, P.O. Box 10889 Greensboro, North Carolina 27404 ("Tanger") (Tanger and Bass Pro shall collectively be referred to as "Licensees"). WHEREAS, the City is the owner of the real property described in Exhibit "A" ("Property"), attached hereto, which Property is a part of the right of way for Anglers Avenue.- and WHEREAS, Licensees have partially developed and Bass Pro intends to further develop a mixed use development on approximately 47 acres of land ("Project") and which utilizes Anglers Avenue as the primary entranceway to the Project; and WHEREAS, the development of the Project to date includes a 165,000 square foot retail building owned by Tanger and subject to a long term lease to Bass Pro ("Outdoor World 3 :;�1 OR BK 32955 PG 0274 Building") and a museum owned and operated by The International Game and Fish Association, Inc., a Florida not-for-profit corporation ("IGFA Building"); and WHEREAS, the City Commission has granted a variance to permit the Licensees to use the Property for the placement and maintenance of entranceway features identifying the Project, and has agreed to permit the Licensees to use the Property as stated herein; and WHEREAS, the parties have agreed to enter into this Agreement in relation to the use of the Property in accordance with the following terms and conditions; NOW, THEREFORE, for and in consideration of the mutual covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DESCRIPTION OF PREMISES: The City hereby grants to the Licensees the right, license and privilege of occupying the Property described in Exhibit "A", attached hereto, subject to the terms and conditions of this Agreement. 2. TERM: The initial term of this Agreement shall run for a period of twenty (20) years from the date of this Agreement. After the expiration of the initial term, this Agreement shall continue for additional, successive five (5) year terms, unless City provides written notice to Licensees of the termination of this Agreement at least six (6) months prior to the expiration of any term, or this Agreement is terminated by the City for cause as set out in paragraph 12.. 3. COMPENSATION: Licensees shall pay to the City the sum of Ten Dollars ($10.00) per year for the ® privileges granted herein. 2 OR BK 32955 PG 0275 4. USE Of PREMISES Licensees shall use and occupy the Property only for placement and maintenance of entranceway features and related improvements (e.g. irrigation, landscaping and lighting) for the Project (collectively referred to as the "Improvements"), as shown in Exhibit "B". The Property shall not be used for any other purpose whatsoever. Licensees covenant that they will not, without written consent of the City, permit the Property to be used or occupied by any person, firm, entity or corporation other than the Licensees and their agents. The Licensees further covenant that no nuisance or hazardous trade or occupation shall be permitted on the Property and nothing shall be kept in or about the Property which will increase the risk of any hazard, fire or catastrophe. The Licensees further covenant that no waste shall be permitted or committed upon the Property nor shall any damage be done to the Property. The Licensees shall not permit the licensed Property to be used in any manner which will violate any laws or regulations of any governmental agency. 5. ASSIGNMENT: The Licensees, only with the prior written consent of the City, which consent shall not be unreasonably withheld, may assign this Agreement. An assignment of this Agreement shall not be required if Tanger, Bass Pro or either of them continue to have a "Major Property Interest" in the Project. A "Major Property Interest" is defined as ownership of real property within the Project or holding a long term lease to any of the principal buildings within the Project. If one of the Licensees no longer has a Major Property Interest then the other Licensee shall be deemed to be the sole Licensee under this Agreement, unless an assignment of the rights and obligations of the Licensee that no O OR BK 32955 PG 0276 longer has a Major Property Interest has been assigned to an entity with a Major Property ® Interest, with the approval of the City, as provided for above. 6. DAMAGE TO PREMISES: Licensees agree that all personal property placed upon the licensed Property shall remain the property of the Licensees and shall be placed upon the Property at the risk of the Licensees. The Licensees shall give the City, or its agents, prompt written notice, by certified mail, of any occurrence, incident or accident occurring on the licensed Property. 7. INSPECTIONS: The City, its agents, or authorized employees may enter upon the Property at all reasonable times and hours to examine same to determine if the Licensees are properly maintaining the Property according to this Agreement. 8. INDEMNIFICATION: The Licensees shall, during the tenn of this License, jointly and severally indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, suits, actions, damages, liabilities, expenditures, or causes of action of any kind arising from this Agreement, and the Licensees' use of the Property, including those resulting or accruing from any negligent or intentional act, omission or error of the Licensees that may result in or relate to, any death, damages or injuries to body, life, limb, or property sustained in, about or upon the licensed Property or improvement thereto, or arising from the Licensees' use of the Property. The Licensees shall jointly and severally defend, at their sole cost and expense, any legal action, claim, or proceeding instituted by any person against the City as a result of any claim, suit or cause of action accruing from this Agreement, for death, damages or injuries to body, life, limb or property as set forth above. However, the City may, at its 4 OR BK 32955 Pr 0277 option, elect instead to secure its own attorney to defend such action and the reasonable costs and'expenses of such attorney incurred in defending such action shall be payable by Licensees jointly and severally. Additionally, if Licensees, after notice from City that money is owed to the City pursuant to this paragraph, fail to make any payment due hereunder to the City, Licensees shall jointly and severally pay any attorneys' fees or costs incurred by the City in securing any such payment from the Licensees. The Licensees shall jointly and severally save the City harmless from and against all judgments, orders, decrees, attorneys' fees, costs, expenses, and liabilities incurred in and about any such claim, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. 9. INSURANCE: Without limiting any of the other obligations or liabilities of the Licensees, the Licensees shall, during the term of this License, provide without cost to the City and maintain in force the insurance coverage set forth in this section at all times that will ensure the City the protection contained in the foregoing indemnification provision undertaken by the Licensees. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, and must include: a. premises and operations; b. the City is to be included as an "Additional Insured" on the policy; and 5 OR BK 32955 PG 0278 C. Notice of Cancellation, Restriction or Both. The policy shall be endorsed to • provide the City with thirty (30) days notice of cancellation or restriction with respect to the coverage afforded to the City. The Licensees shall provide to the City a certified copy of all insurance policies required by this Section showing that the City has been named as an additional insured under such policies or, in the alternative, a certificate evidencing that the required additional endorsement has been obtained under such policies at the time of execution of this Agreement by the Licensees. 10. MAINTENANCE AND REPAIR OF LICENSED PROPERTY: It shall be the responsibility of the Licensees to keep the licensed Property clean, sanitary and free from trash and debris. The upkeep and maintenance of the Property and all improvements thereon shall be borne by the Licensees. The Licensees agree to 0 maintain the licensed Property in accordance with prudent and well reasoned maintenance procedures and techniques. Licensees shall be responsible for all costs of the electrical supply for the improvements, and for the maintenance thereof. 11. AMENDMENTS: No modification, amendment or alteration of the terms or conditions of this Agreement shall be effective unless contained in a written document executed by the parties hereto, with the same formality and of equal dignity herewith. 12. TERMINATTION OF AGREEMENT AND SURRENDER UPON TERMINATION: The City, upon reasonable notice, may revoke and terminate this Agreement, or any portion thereof, when the Property is needed by the City for any purpose, including but not limited to road widening, reconfiguration or realigning the installation of utilities, • 6 OR BK 32955 PG 0279 light fixtures or traffic control devices, or if the Property is taken from the City, or if the . City loses its ability to allow such signs (other than by amending its own zoning, sign, or other codes or regulations to prohibit off-site advertisements) such as, but not limited to, an adverse court ruling, or if the Outdoor World Building and the IGFA Building are abandoned or vacant for a period of six (6) months or more except as where such vacancy results from a catastrophic casualty loss or force majeure. In the event that the Licensees fail to comply with any of the provisions of this Agreement, the City may declare the Licensees in default, notify the Licensees by certified mail, and give the Licensees twenty (20) calendar days to cure the default. If the Licensees fail to cure the default, the City reserves the right to terminate this Agreement. If at any time during the term of this Agreement, the City determines that the Licensees fail to properly maintain the Licensed property the City may at its option issue • a written notice that a deficiency or deficiencies exist (s), by sending a certified letter to the Licensees to place the Licensees on notice thereof. Thereafter, the Licensees shall have a period of forty-five (45) calendar days within which to correct the cited deficiencies. If the deficiencies are not corrected within this time period, the City may at its option proceed as follows: a) Maintain the improvements, or a part thereof, and invoice the Licensees for expenses incurred, or b) Terminate the Agreement and, if the City elects to do so, remove all or a portion of 'the Improvements and charge the Licensees the reasonable cost of such removal. 7 OR BK 32955 PG 0280 The Licensees shall peaceably surrender and deliver the licensed Property to the • City, or its agents, immediately upon the expiration of the term or tennination of this Agreement. The Licensees may remove from the licensed Property, at the Licensees' own expense, any fixtures or improvements placed thereon the Licensees wish to retain and the balance of the improvements shall be considered abandoned. Upon completion of the removal of the improvements, the condition of the Property shall be such that it is safe and not a hazard. 13. WAIVER: Failure of the City to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right, but the same shall remain in full force and effect. None of the conditions, covenants or ® provisions of this Agreement shall be waived or modified except by the parties hereto in writing. 14. NOTICES: Any notice or demand, which under the terms of this Agreement or by any statute or ordinance, given or made by a party hereto shall be in writing and shall be given by certified or registered mail sent to the other party at the address set forth below, or to such other address as such party may from time to time designate by notice. • 8 OR BK 32955 PG 0281 Notice to the City shall be addressed to: City Manager City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Notice to the Licensees shall be addressed to: As to Bass Pro: Accounting Department Bass Pro Outdoor World, L.L.C. 2500 East Kearney Springfield, MO 65898 With a copy to: Charles R. Greene, Esq. Greene & Curtis, L.L.P. 1340 E. Woodhurst Springfield, MO 65804 As to Tanger: • Kevin Dillon Tanger Properties Limited Partnership 3200 Northline Avenue, Suite 360 P.O. Box 10889 Greensboro, North Carolina 27404 With a copy to: R. Joyce Garrett, Esq. Vernon, Vernon, Wooten Brown Andrews & Garrett P.A. 522 South Lexington Avenue Burlington, North Carolina 27215-5827 And Barbara A. Hall, Esq. Greenberg Traurig, P.A. 515 East Last Olas Boulevard Fort Lauderdale, FL 33301 9 OR BK 32955 PG 0282 15. ENTIRE AGREEMENT: This Agreement embodies the entire agreement between the parties. It may not be modified or germinated except as provided herein. If any provision is invalid, it shall be considered deleted herefrom, and shall not invalidate the remaining provisions. 16. LAWS AND ORDINANCES: The Licensees shall observe all laws and ordinances of the local, State and Federal agencies having jurisdiction over the operation of the Property. 17. COPIES OF THE AGREEMENT: This Agreement shall be executed in three (3) original copies, each copy of which, bearing original signatures, is to have the force and effect of an original document. 18. RECORDATION OF THIS AGREEMENT: This Agreement shall be recorded in the Public Records of Broward County, Florida. Upon termination of this Agreement, a document of equal dignity to this document shall be executed and recorded by the City. 19. VENUE: This Agreement shall be governed by the laws of the State of Florida as now and hereinafter in force. The venue for actions arising out of this Agreement is in Broward County, Florida. 10 OR BK 32955 PG 0283 IN WITNESS WHEREOF, the parties hereto have made and executed this ® Agreement on the respective dates under each signature: City of Dania Beach through its City Commissioners, signing by and through its Mayor authorized to execute same by Commission action on March. 12 2002 ; and by Bass Pro Outdoor World, L.L.C., by and through Bass Pro, Inc., its sole member, and Tanger Properties Limited Partnership, signing by and through Tanger GP Trust, duly authorized to execute same. CITY: ATTEST: CITY OF DANIA BEACH, a Florida municipal corporation CHARLENE JOHNSON PATRICIA FLURY CITY CLERK` MAYOR-COMMISSIONER IVAN.PATb CITY MANAGER APPROVED FOR FORM AND CORRECTNESS: ,n f By: THOMAS J: ANSBRO CITY ATTORNEY 11 OR BK 32955 PG 0284 STATE OF FLORIDA ) ): ss COUNTY OF BROWARD ) On this /_q day of /�- '/YJZCLF L 2001, before me, the undersigned Notary Public in and for said County and State, personally appeared PATRICIA FLURY, as Mayor-Commissioner, and IVAN PATO, City Manager, who executed the foregoing instrument on behalf of the CITY OF DANIA BEACH, for the purposes therein expressed. They are either (i,-) personally known to me or ( ) have produced as identification. In witness whereof, I have hereunto set my hand and official seal the day and year last above written. [NOTARY SEAL] Notary:/ Print Name: Fry Notary Public, State of U Linda G. Fry g COMMLvdM#Ct MM My commission expires ExoSvs AUG.9 6,2002 0®%,00 TMU �N Xk'. .TLI±t+7kt9 pcoclpoS�A+�.lNG: 12 OR BK 32955 PG 0285 LICENSEES: Signed, sealed and delivered BASS PRO OUTDOOR WORLD, L.L.C., a in the presence of- Missouri limited liability company By: BASS PRO, INC., its sole member PrAited Name1 R Greene Name: Pn t d Name: J e Kyger Title: T ni M, miller, VP and CFO STATE OF NiZ bt.c2, ) ): ss COUNTY OF A/)_-,S A-*4 ) On this day of 2001, before me, the undersigned Notary Public in and for said County and State, personally appeared Tp IA*, M . VLC, L t_c 2, as V 0 ( Gi✓c) , of BASS PRO, INC., its sole member of BASS PRO OUTDOOR WORLD, L.L.C., who executed the foregoing instrument for the purposes therein expressed. He/she is either ( ) personally known to me or ( )has produced as identification. In witness whereof. I have hereunto set my hand and official seal the day and year last above written. Notary: [NOTARY SEAL] Print Name: Notary Public, State of My commission expires: N MARYANN FIELDS Notary Public Christian County Statr- 1 Missouri My Commission Exoires Dec. 10, 2002 . �•, SEAS-..'•'� • 13 OR BK 32955 PG 0286 Signed, sealed and delivered TANGER PROPERTIES LIMITED ® in the presence of: PARTNERSHIP, a North Carolina limited partnership i By: TAMcer , a business trust Printed Name: �L'L���/� s�m �s forof the State of a al partner Printed Name: >�` By: and and icer STATE OF j'��yZL (a�,��� j: ss COUNTY OF u On this `_ day of L7)�� , 2001, before me, the undersigned Notary Public in and for said County and State, personally appeared STANLEY K. TANGER, Chairman of the Board and Chief Executive Officer of TANGER GP TRUST, the sole general partner of TANGER PROPERTIES LIMITED PARTNERSHIP, who executed the foregoing instrument for the purposes therein expressed. He/sl+e is either (-)'personally known to me or ( ) has produced as identification. In witness whereof, I have hereunto set my hand and official seal the day and year last above written. ` tYlllftf�/I 'Olt, o Notary: �[I tFA�iY• ] Print Name: 73e- E . a s s c10T,q •m=� Notary Public, State ot AJb a i •� '9,�•:-<: My commission expires: h • ®y•off 9 � (10,1 LB279 70T.5�1 `9p��4/20/OI COUw-A' 14 OR BK 32955 PG 0287 Composite Exhibit A OR BK 32955 PG 0288 Composite Exhibit A Signage Location Exhibit OR BK 32955 PG 0289 i � v It � U-1 z f Il f 4 ; I - 4"1, ez Cl SIGNAGE LOCATION EXHIBIT Page 1 of 5 OR BK 32955 PG 0290 • Composite Exhibit A Legal Description of Median Easement Area OR BK 32955 PG 0291 DESCRIPTION: MEDIAN EASEMENT PORTIONS OF LOTS 14, 42 AND 43, BLOCK 9, HIGHLAND PARK UNIT NO. 2, ACCORDING TO THE PLAT *THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 29, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST; THENCE SOUTH ALONG THE WEST BOUNDARY OF THE NORTHWEST ONE-QUARTER (NW. '/.) OF SAID SECTION 33, A DISTANCE OF 794.00 FEET; THENCE EAST, A DISTANCE OF 91.80 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE EAST, A DISTANCE OF 77.00 FEET; THENCE SOUTH, A DISTANCE OF 10.58 FEET; THENCE NORTH 86036'03"WEST, A DISTANCE OF 77.31 FEET TO POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY; THENCE WESTERLY, NORTHWESTERLY, NORTHERLY, NORTHEASTERLY AND EASTERLY, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 3.00 FEET, A CENTRAL ANGLE OF 176036'03", FOR AN ARC DISTANCE OF 9.25 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA. NOTES: THE BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN. THE WEST LINE OF THE NORTHWEST ONE-QUARTER (NW'/.), OF SECTION 33,TOWNSHIP 50 SOUTH, RANGE 42 EAST, BEARS SOUTH. CERTIFICATE: WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER 61G17-6 (FLORIDA ADMINISTRATIVE CODE), MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF 4KOFESSIONAL ORIDA AS ADOPTED BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF LAND SURVEYORS IN SEPTEMBER, 1981, AS AMENDED, PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES,AND IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF. CRAVEN THOMPSON &ASSO IATES, INC. CERTIFICATE OF AUT ORI. ION LB271 ar cp YHL; ; :r;.a:. R;; �.. Grt L;i;E",iED iiRVY'i4H A..iVll E OUGLAS.Av;E PROFESSIONAL SORVE Y OR AND MAPPER NO. 4343 STATE OF FLOR.ICA OR BK 32955 PG 0292 Composite Exhibit A Sketch of Median Easement Area lqqww ._W� "•'•• Q�Ku Q lKtt i FORT LAUDERDALE, FLORIDA 33309 (954) 739-6400 FAX: (954) 739-6409 FOR: BASS PRO SHOPS : d«a"t at&L.n h�i►em f ft WY,has but no%Itldrr"hisork vNw�91 at the subject property, or mantrnento set.in connection with the preparation of the information shown hereon. SKETCH TO ACCOMPANY DESCRIPTION POINT OF COMMENCEMEN T SECTION 33 N50 42 GRIFFIN ROAD L _ j PINE STREET W 27 Q • HI Gf2fL UNIT 2 N 01'00'01' W PLAT BOOK 19.61' DETAIL to Y/ r AG z ^ RE ORDS Q ;� 20 S 100'01" E EAST 2.95' tin 56.56 +9 EAST W %J�o POINT OF BEGINNING ) 2.01' o0iy ro N coS rh � I7 o ' / EAST 54.01' N 0100'01' W to 19.61' -3 01*00,01, E 54.01' rs EAST WEST 56.56 N45 30'0 r"W. S 1 00'O1' E o ad +• 49.06' 2.95' EAST 0 20.73 EAST to u 2.01' N 4673.54" E 54.06' 48.27' rz POIN T OF BEGINNING (2) 1 5 .06 Y,t N 02'47'49" 20.73' H, }r --Page 5 of 5 DATES and/;REVISSI(INSDA'E BY CK'D ,off. ,p,e u,dwp,ea and ctt,�vEt+- + psoN AS9oCtAtEs.?IG mdu'Rra. _.,._,.. nprtroentatbnI or puartntees as to the Omrnatk" m4octesi herons partalobw +one ants. rights-of-ray, viol Dods lines. resrwvlY+s :•sreae+nta cnd**W _mil r � itten. and further, this Instrument la r. ;!.unoxl to#!'RGCl W•`Ri..._ m'3ttam ;uCh information snould !v q,1 r-mi crt? "hrourx:.-moropria to title wnf"uan. �,• } 0T' _ o. shown henan new not msu=trn Le r rt-^r-roaY: eossm entr.of racord ..�- ,c:, . CRAVEN I HOMPSON -)SOCIATES INC r ENGINEERS • PLANNERS • SURVEYORS 3563 N.W. 53RD. STREET, FORT LAUDERDALE, FLORIDA 33309 (954) 739-6400 OFFICES: FORT LAUDERDALE, VERO BEACH NOTE: TMiS IS NOT A SKETCH of SURVEY, but only a graphic depiction R: BASS PRO SHOPS of the description ehown heron. Then has been no field wont. viewing of the subject property, or monuments set in connection with the preparation of the information shown hereon. SKETCH TO ACCOMPANY DESCRIPTION MEDIAN EASEMENT N POINT OF COMMENCEMENT N.W. CORNER SEC77ON 33-50-42 GRIFFIN ROAD ,r I U - - - - -I I � I — — — — — — — — — — — — — — — — c i o - - - - - - - - - - - - - OW 18 W z - - - LOJ o - - - - - - - - - - - - — M W to 17 38 Q 16 - - - - - - - - - - - - - OR BK 32955 PG 0294 • Composite Exhibit A Legal Description of Wall Easement Area DESCRIPTION: SIGNAGE EASEMENTS PORTIONS OF LOTS 12. 13, 15, 16.BLOCK 9,OF "HIGHLAND PARK-UNIT#2",ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 29 OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 33,TOWNSHIP 50 SOUTH,RANGE 42 EAST, BROWARD COUNTY, FLORIDA; THENCE SOUTH, ALONG THE WEST BOUNDARY LINE OF SAID SECTION 33, A DISTANCE OF 727.61 FEET; THENCE EAST, A DISTANCE OF 56.56 FEET TO THE POINT OF BEGINNING(1)OF SIGNAGE EASEMENT(1).THENCE NORTH 01°00'01" WEST, A DISTANCE OF 19.61 FEET; THENCE EAST, A DISTANCE OF 54.01 FEET; THENCE SOUTH 01°00'01" EAST,`A DISTANCE OF 54.01 FEET;THENCE WEST,A DISTANCE OF 19.61 FEET;THENCE NORTH 45030'0 V WEST,A DISTANCE OF 49.06 FEET,TO SAID POINT OF BEGINNING(1). TOGETHER WITH: COMMENCE AT SAID POINT OF BEGINNING(1); THENCE SOUTH 01°00'01" EAST, ALONG THE EAST RIGHT OF WAY LINE OF ANGLER'S AVENUE,A DISTANCE OF 2.95 FEET;THENCE EAST, A DISTANCE OF 2.01 FEET; THENCE SOUTH 04003'28 EAST, A DISTANCE OF I38.30 FEET TO THE POINT OF BEGINNING (2) OF;SIGNAGE EASEMENT (2); THENCE NORTH 46023'54" EAST, A DISTANCE OF'48.27 FEET; THENCE.EAST, A DISTANCE OF 20.73 FEET; . THENCE SOUTH 02°47'49" WEST, A DISTANCE OF 54.06 FEET; THENCE SOUTH WEST, A DISTANCE OF 54.06 FEET;THENCE NORTH,02°47'49" EAST, A DISTANCE OF 20.73 FEET TO THE POINT OF BEGINNING(2).. NOTE: THE BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN, WITH THE WEST LINE OF SECTION 33,TOWNSHIP 50 SOUTH,RANGE 42 EAST,BEARING SOUTH. CERTIFICATE: WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER 61G17-6 (FLORIDA ADMINISTRATIVE CODE), MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL LAND SURVEYORS IN SEPTEMBER, 1981, AS AMENDED, PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES,AND IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF. CRAVEN THOMPSON&ASSOCIA I'ES,INC. CERTIFICATE OF AUTHORIZATIO11 NO.LB271 1 , RAYMOND YOUNG PROFESSIONAL SURVEYOR.AND MAPPER NO..`.799 STATE OF FLORIDA Sheet I of 2 Sheets Page 4 of S S e fr Wednesday,July 08, 1998 r M:\Clerical\JOBS\96-00lI\LEGALS\DESC.doc # .'� OR' BK 32955 PG 0295 DESCRIPTION: SIGNAGE EASEMENTS PORTIONS OF LOTS 12, 13, 15, 16, BLOCK 9, OF "HIGHLAND PARK-UNIT 42", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 29 OF THE PUBLIC RECORDS OF BROWARD COUNTY , FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA; THENCE SOUTH, ALONG THE WEST BOUNDARY LINE OF SAID SECTION 33, A DISTANCE OF 727.61 FEET; THENCE EAST, A DISTANCE OF 56.56 FEET TO THE POINT OF BEGINNING (1)OF SIGNAGE EASEMENT(1). THENCE NORTH 01000'01" WEST, A DISTANCE OF 19.61 FEET; THENCE EAST, A DISTANCE OF 54.01 FEET; THENCE SOUTH 01000'01" EAST, A DISTANCE OF 54.01 FEET; THENCE WEST, A DISTANCE OF 19.61 FEET; THENCE NORTH 45030'01' WEST, A DISTANCE OF 49.06 FEET, TO SAID POINT OF BEGINNING (1). TOGETHER WITH: COMMENCE AT SAID POINT OF BEGINNING (1); THENCE SOUTH 01°00'01" EAST, ALONG THE EAST RIGHT OF WAY LINE OF ANGLER'S AVENUE, A DISTANCE OF 2.95 FEET; THENCE EAST, A DISTANCE OF 2.01 FEET; THENCE SOUTH 04°03'28 EAST, A DISTANCE OF 138.30 FEET TO THE POINT OF BEGINNING (2) OF SIGNAGE EASEMENT (2); THENCE NORTH 46023'54" EAST, A DISTANCE OF 48.27 FEET; THENCE EAST, A DISTANCE OF 20.73 FEET; THENCE SOUTH 02047'49" WEST, A DISTANCE OF 54.06 FEET; THENCE SOUTH WEST, A • DISTANCE OF 54.06 FEET; THENCE NORTH 02°47'49" EAST, A DISTANCE OF 20.73 FEET TO THE POINT OF BEGINNING (2). NOTE: THE BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN, WITH THE WEST LINE OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BEARING SOUTH. CERTIFICATE: WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER 61 G 17-6 (FLORIDA ADMINISTRATIVE CODE), MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL LAND SURVEYORS IN SEPTEMBER, 1981, AS AMENDED, PURSUANT TO CHAPTER 472.027 OF THE -------- ---� .Tn TiND NIlrT Cnjr E: e Ain OR BK 32955 PG 0296 i Composite Exhibit A Sketch of Wall Easement Area VI.W. aattu. JifiEET. FORT LAUDERDALE. FLORIDA =09 (954) 739-6400 OFFICES: FORT LAUDERDALE. VERO BEACH FOR: BASS PRO !tM: THIS Is NOT A SKETCH OF SURVEY, but Wily o graphic depiction of the daeaioUcis ehoen harem Then hoe been no field work, visaing of the "Oct property. or monuments set in connection with the preparation of the information ehowrt hereon. SKETCH TO ACCOMPANY DESCRIP77ON MEDIAN EASEMENT POINT OF COMMENCEMENT N.W. CORNER SECTION 33-50-42 0 GRIMN ROAD to iv U ' I +—— ————— ——— — — —— ——————— j ir_ - _ - _ _ - -- - _ �- - --___--__ ____ --____ � a I I I ' I. h W - 17 Rio � ' a I--- - -- - - -- - - -� I Z �zt 38 Q � ! 16 -- - -- -- -- - - - � � ! � 39 -- ————— — ———-- —— — ——— — —— ——— � POINT O� BEGINNING 40 15 --- - --- - -- ---- _ _ _ FEAST_ — — — - - ---�- - -- - NTRANC ��� 91.80' EAST 77..00' 4214 v�f_ — N 86 U 5 03" W 7(7 PROPO £D AD/USQQ_ I 31-- a 58 —— CURB L�NE CENTRAL ANGLE = 176 'J6 '03 " — ARC = 9.25' ! HIGHLAND PARK—UNIT #2 PLAT BOOK 12. PAGE 29 — — — — — — — — — — — —SROWARD—00UN-TY R C0RDS- — 12 Page 3 of 5 SHEET 2 OF 2 SHEETS UPDATFC,and/Or REVISIONS DATE BY CK'D NOTE The undersigned-bnTC AVEW=THOUPSOH-&7SSOCrA7ES7INC. make no representations or guarantees as to the information reflected hereon pertoning to easements, rights-of-way, set bock fine*, reservations, ogreements and other slmflor matters. and further, this instrument Is not Intended to reflect or set forth oil such matters. Such information anould be obtained and confirmed by others through appropriate title verification. UM Lands shown hereon were not abstracted for ngnl-of-way and/or easements of recora. G.\1996\960011\SDL4E0/AN.ONG GRAVtN : HUI"1�'SUN Ot AZ) i cam, ENGINEERS " PLANNERS SURVEYORS 3563 N.W. 53RD STREET FORT LAUDERDALE, FLORIDA 33309 (954) 739-6400 FAX: (954) 739-6409 ® NOTE:® jS t A SKETCH O SURVEY, but only a graphic depiction of the description shown hereon. There ere has been no field work, viewing of SHOPS the Subject property, or monuments set.in connection with the preparation of the information shown hereon. SKETCH TO ACCOMPANY DESCRIPTION POIN T OF COMMENCEMENT SECTION 33-50 42 GRIFFIN ROAD PINE STREET W 13 0 Q HIGPL UNIT #2 N 01.00'01" w W . I LA K 1 AG 19.61 DETAIL ry 21 C I IN TY RE ORDS z Q 20 N S 1'00,01" E p CD EAST 2.95' 56.56 19 ,� EAST W o, POINT OF BEGINNING � 2.01' A.0 O� N N 06 17 m a �� EAST 54.01' OR BK 32955 PG 0298 Exhibit "B" Note; In the event of a discrepancy between the legal descriptions in Exhibit A and the physical location of the signs depicted in Exhibit B, the Parties agree that this Agreement shall be deemed to relate to the signs in the location depicted in the photographs attached as Exhibit B. 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''hRxG�Y s�. .r ,. � . ~NNa � a:r 2 RA, Y qq a•.,. "�,.-+ s;�+ dui'..�-°"r A, OR BK 32955 PG 0302 ORDINANCE NO. 2002-009 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO _ EXECUTE A LICENSE AGREEMENT AMONG CITY OF DANIA BEACH, 4 BASS PRO OUTDOOR WORLD, LLC AND TANGER PROPERTIES LIMITED PARTNERSHIP; PERMITTING THE LICENSEES, BASS PRO OUTDOOR WORLD, LLC AND TANGER PROPERTIES LIMITED PARTNERSHIP TO USE CITY PROPERTY FOR THE PLACEMENT AND MAINTENANCE OF BUSINESS IDENTIFICATION SIGNS AND ENTRANCEWAY FEATURES ADJACENT TO ANGLERS AVENUE,- PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach owns the real property which is a part of the right of way for Anglers Avenue; and WHEREAS, the Outdoor World Building and the Museum (which Museum is owned and operated by the International Game and Fish Association) utilize Anglers Avenue as the primary entranceway to those developments; and WHEREAS, on September 22, 1998, pursuant to Resolution No. 152-98, the City Commission approved variances for signage relating to the above described property including the signage at Gulfstream Way (median sign), the North Fountain sign and the South Fountain sign; and WHEREAS, subsequent to the adoption of the Resolution granting the variances, a License Agreement permitting the usage of City property was negotiated among the City, Bass Pro Outdoor World, LLC ("Bass Pro") and Tanger Properties Limited Partnership ("Tanger"); however, the Agreement was never formally approved by the City Commission; and Ordinance No. 2002-009 OR BK 32955 PG 0303 WHEREAS, it is the desire of the City Commission to formally approve and enter into the License Agreement with Bass Pro and Tanger permitting Bass Pro and Tanger to use City property for the placement and maintenance of business identification signs and entranceway features as described above, subject to certain terms and conditions. _4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, approves the License Agreement among City of Dania Beach, Bass Pro Outdoor World, LLC and Tanger Properties Limited Partnership permitting the Licensees, Bass Pro and Tanger to use City property for the placement and maintenance of business identification signs and entranceway features, a copy of which Agreement is attached as Exhibit "A" to this Ordinance. Section 2. That the proper City Officials are authorized and directed to execute the License Agreement and the City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary ® and proper and in the best interest of the City. Section 3. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. That all ordinances or parts of ordinances in conflict with this ordinance are repealed to the extent of such conflict. 2 Ordinance No. 2002-009 OR BK 32955 PG 0304 Section 5.That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on first reading on February26, 2002. PASSED AND ADOPTED on second reading on March 12, 2002. ATT PATRICIA FLURY MAYOR — COMMISSIONER CRARLENE J HNSON CITY CLERK ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES COMMISSIONER MIKES - YES VICE-MAYOR CHUNN - YES MAYOR FLURY - YES APPROVED AS TO FOPM AND CORRECTNESS: BY: ) 1 /$"J THOMAS'J. ANSBRO CITY ATTORNEY 3 Ordinance No. 2002-009 CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commissioners cc: Ivan Pato, City Manager Charlene Johnson, City Clerk FROM: Tom Ansbro, City Attorney DATE: February 21, 2002 RE: Proposed Ordinance Authorizing Execution of Bass Pro/Outdoor World License Agreement Attached is a proposed ordinance for first reading which would authorize the execution of a License Agreement among the City of Dania Beach, Bass Pro Outdoor World, LLC ("Bass Pro") and Tanger Properties Limited Partnership ("Tanger") permitting the licensees, Bass Pro and Tanger to continue to use portions- of City property for the placement and maintenance of Anglers Avenue entranceway signs and related features. This item was presented to the Commission at the last meeting for approval pursuant to a Resolution. Pursuant to Commission direction, we have now prepared an authorizing Ordinance for Commission review. The City owns the property which includes the subject portions of the right-of-way for Anglers Avenue. The Outdoor World Building and Museum (which museum is owned and operated by the International Game & Fish Association), utilize Anglers Avenue as the primary entranceway, via Gulfstream Way to those developments. On September 22, 1998, pursuant to Resolution No. 152-98, the City Commission approved numerous variances for signage relating to the above described property, including variances for the signage at the Anglers Avenue and Gulfstream Way intersection (median sign), the North Fountain signs and the South Fountain signs. Subsequent to the adoption of the Resolution, a License Agreement Mayor and Commissioners February 21, 2002 ® Page 2 permitting the usage of the City property for such limited purposes was negotiated among the City, Bass Pro and Tanger; however, we have discovered that, through inadvertence, the agreement was never formally approved by the City Commission. Adoption of the ordinance would formally authorize the execution of the License Agreement among the City, Bass Pro and Tanger permitting Bass Pro and Tanger to continue to use City property for the placement and maintenance of the existing signage and entranceway features as described above. Commission review and adoption of this Ordinance on first and second reading are requested. TJA:slw Attachment SUN- SENTINEL PUBLISHED DAILY NOTICE OF NEARING FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BEFORE CITY COMMISSION ' BOCA RATON, PALM BEACH COUNTY, FLORIDA CITY of DANIA BEACH, ® FLORIDA, REGARDING A MIAMI, MIAMI DADE COUNTY, FLORIDA ADOPTION OF THE FOL- LOWING PROPOSED ORDI- NANCE: NOTICE IS HEREBY GIVEN STATE OF FLORIDA that the City Commission COUNTY OF BROWARD/PALM BEACH/MIAMI DADE Florida I onf DMa March Beach, BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED soon, th r:oo p.m. or as soon thereafter as the matter may be heard,will WHO,ON OATH,SAYS THAT conduct a public hearing HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED cn mbe s the it City Commission Dan a Beach City Hall, 100 West DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED Dania Beach Boulevard, IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE Dania Beach, Florida to consider the proposed ATTACHED COPY OF ADVERTISEMENT, BEING A: adoption of the following Ordinance entitled: NOTICE AN ORDINANCE.OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, IN THE MATTER OF: FLORIDA, AUTHORIZING THE PROPER CITY OFFI- CIALS TO EXECUTE A.LI- CENSE AGREEMENT Notice of Hearing AMONG CITY OF DANIA BEACH, BASS PRO OUT- DOOR WORLD, LLC AND IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE TANGIER PROPERTIES LIM- ITED PARTNERSHIP; PER- ISSUES OF: MITTING THE LICENSEES,' BASS PRO OUTDOOR' WORLD,LLC AND TANGER; 2/28,11D 10790644 PROPERTIES LIMITED' PARTNERSHIP TO USE CITY 'PROPERTY FOR THE PLACEMENT AND MAINTE- AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER INANCE OF BUSINESS SIGNS PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, !AND EIN RANOCEWAY FEA- AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY TURFS ADJACENT TO - IGLERS AVENUE; PROVIDID- PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, ING FOR CONFLICTS;PRO-1 VIDINGCLADS A SEVERANCEI EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE CLAUSE; FURTHER, PRO--I f POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY,FLORIDA, DATE. FOR-AN EFFECTIVE DATE. FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF A copy of this proposed ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT Ordinance is on file in the HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR office of the city clerk,, City Hall, 100 West Dania: CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE Beach Boulevard, Dania- Bech, Florida, and ma PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID be inspected by the public N PAPER. during normal working hours. i Interested parties may ap- pear at the aforesaid (SIGNATUR OF FIANT) meeting and be heard with respect to the pro- posed. Any person who decides to appeal any de- SWORN TO AND SUBSCRIBED BEFORE ME cision made by the City ON: 28-February-2o02 , A.D. Commissito any on witr considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a ver- batim record of the pro- (SIGNATURE OF NOTARY PUBLIC) % ceedings is made, which record includes the testi- mony and evidence upon T a L Bezak which the appeal is to be based. MY COMMISSION# DD024939 EXPIRES July 20, 2005 In accordance with the F•= � BONDED iNRU TROY FAIN INSURANCE,INC. American with Disabilities Act, persons needing as- sistance to participate in (NAME OF NOTARY,TYPED, PRINTED, OR ySTAMPED) any of the proceedings should contact Charlene Johnson, City Clerk, 100 PERSONALLY KNOWN OR west Dania Beach o vard,Dania Beach,FlFloridarida 33004, (954) 924-3622 at least 48 hours prior to the PRODUCED IDENTIFICATION meeting. /s/ Charlene Johnson, CMC City Clerk February 28,2002 RESOLUTION NO. 152-98 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A VARIANCE REQUEST SUBMITTED BY THE SPORTSMAN'S PARK DEVELOPMENT ("BASS PRO OUTDOOR WORLD" AND "IGFA" - INTERNATIONAL GAME AND FISH ASSOCIATION), FOR PROPERTY 4 LOCATED EAST OF THE 1-95 CORRIDOR, WEST OF ANGLER'S AVENUE AND SOUTH OF GRIFFIN ROAD, PERTAINING TO PROVISIONS IN SECTIONS OF CHAPTER 3, "ADVERTISING" AND CHAPTER 28, "ZONING", OF THE CODE OF ORDINANCES CONCERNING SIGN AREA, ROOF SIGNS AND THE NUMBER OF PERMITTED SIGNS PER PROPERTY; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN-CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dania's Sportsman's Park is requesting a variance from a number of provisions of Chapter 3, "Advertising", Article 11, Signs, Section 3-33, and Chapter 28, "Zoning", Article 6.64, Principal Arterial Commercial Design Standards Overlay, (6) Signage and Lighting, of the Dania Code of Ordinances, concerning sign area, roof signs and the ® number of permitted signs per property; and WHEREAS, Dania's Sportsman's Park is requesting such variance (VA-45-98) for property located east of the 1-95 corridor, west of Angler's Avenue and south of Griffin Road for the following signage package: 1. Thirty-one (31) wall or roof-mounted signs on the five (5) separate elevations of the Bass Pro Outdoor World Building totaling 4,169 square feet. (These signs will not exceed 20% of the surface area of any wall); 2. Four(4) monument or ground-mounted structures featuring signs totaling 330 square feet; 3. One (1) wall-mounted sign on the IGFA building totaling twenty-four (24) square feet; 4. Three (3) monument or ground-mounted IGFA identification signs totaling 301 square feet; and • Page 1 RESOLUTION NO. 152-98 WHEREAS, the Planning and Zoning Board, on August 21, 1998, recommended that the City Commission grant variance request VA-45-98, based upon the criteria set forth in Chapter 3, "Advertising", Article II, Signs, Section 3-33 and Chapter 28, "Zoning", • Article 6.64, Principal Arterial Commercial Design Standards Overlay, (6) Signage and Lighting, of the Dania Code of Ordinances; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That that certain application (VA-45-98) submitted by Dania's Sportsman's Park for a variance from Chapter 3, "Advertising", Article 11, Signs, Section 3-33, and Chapter 28, "Zoning", Article 6.64, Principal Arterial Commercial Design Standards Overlay, (6) Signage and Lighting, of the Dania Code of Ordinances concerning sign area, roof signs and the number of permitted signs per property, which application is attached and made a part of this Resolution as Exhibit "A", is approved and the appropriate city officials are directed to execute same. Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED ON SEPTEMBER 22, 1998. J A l /.L_ JIM CALI MAYOR-COMMISSIONER ATT ST: Roll Call: Mayor Cali-yes Vice-Mayor Etling-yes MARIE JABALE ERK-AUDITOR Commissioner Bertino-yes Commissioner Hyde-yes APPROVED AS TO FORM AND CORRECTNESS: THO AS S. ANSBRO, CITY ATTORNEY GAWPFILES\TJA\DANIA\BASS PRO-SIGNS.RES 09/28/98 Page 2 RESOLUTION NO. 152-98 AGENDA REQUEST FORM CITY OF DANIA Date: 09-16-98 Agenda Item #: • Title: VA-45-98 BASS PRO/IGFA SIGN VARIANCES Requested Action: PUBLIC HEARING VARIANCE Summary Explanation & Background: REQUEST BY STEPHEN HOFFMAN FOR THE FIRM MASTRIANA&CHRISTIANSEN, PA , REPRESENTING DANIA'S SPORTSMAN'S PARK FOR VARIANCES FROM THE CITY OF DANIA'S SIGN ORDINANCE: Exhibits (List): MEMORANDUM FROM TERRY L. VIRTA, AICP -GROWTH MANAGEMENT DIRECTOR 2 LETTERS (8/8 AND 8/18) FROM STEVE HOFFMAN, MASTRIANA & CHRISTIANSEN, PA PUBLIC HEARING NOTICE & LOCATION MAP VARIANCE APPLICATION OUTDOOR WORLD EXTERIOR SIGN PACKAGE DATED JULY 31, 1998 Purchasing Approval: Prepared By: TERRY L. VIRTA, AICP -GROWTH MANAGEMENT DIRECTOR Source of Additional Information: (Name & Phone) Recommended for Approval By: PLANNING AND ZONING BOARD AUGUST 19, 1998 Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: • v:- MEMORANDUM TO: Michael W. Smith, City Manager FROM: Terry L. Virta, AICP Growth Management Director RE: VA-45-98 BassPro/IGFA Sign Variances Date: September 15, 1998 The Commission has ,on its' agenda a request for a variance from the sign regulations for signage to.be placed for BasPro and IGFA. The request is very complex and requires variancesJrom a number of,provisions of the City Code. I am attaching a copy of a letter dated August 8, 1998 from Stephen Hoffman explaining the details of the variance. I am also attaching a copy of a memorandum dated August 18, 1998, also from Stephen Hoffman, in which he answers a number of specific questions that I had concerning his request. Also included for the City Commissioners are booklets prepared by the, applicant which provide significant detail concerning the details of their request. The Planning and Zoning Board conducted a public hearing on this matter at their August Meeting. As a result of that hearing they are recommending that the City Commission approve this request. • MA 5 NA �C�HR�77A NSEN�PA ATTORNEYS AT LAW 1500 North Federal Highway, Suite 200 Fort Lauderdale, Florida 33304 Broward. (954)566-1234 mi.kec64029@aoLcom (Mike Christiansen) Dade: (305)949-1234 framoffice@aoLcom (Ron Mastriana) Fax: (954)566-1592 SthojJ519S@aoLcom (Stove Hoffman) Fax. (954)564-0222 cityatty@aoLcom (Jon Henning) August 4, 1998 City Commission CITY OF DANIA c/o Michael Smith, City Manager 100 West Dania Beach Boulevard Dania, Florida 33004 RE: DANIA'S SPORTSMAN'S PARK SIGNAGE PACKAGE Dear Commissioners: Please consider this letter as an application to approve the Exterior Signage Package for Dania's Sportsman's Park dated July 31, 1998. The signage package will require a variance from Article II, Chapter 3 of the City's Code of Ordinances relating to signs. The signage package consists of the following: 1. 31 wall or roof mounted signs on the five separate elevations of the Bass Pro Outdoor World Building totaling 4,169 square feet. These signs do not exceed 20% of the surface area of any wall. 2. 4 monument, or ground mounted structures, featuring signs totaling 3 3 0 square feet. 3. 1 wall mounted-sign on the IGFA Building totaling 24 square feet. 4. 3 monument, or ground mounted, IGFA identification signs totaling 301 square feet. The signage package for Dania's Sportsman's Park is consistent with the signage themes for the other Bass Pro Outdoor World developments throughout the United States., The wall mounted signs on the Bass Pro Outdoor World consist of brand name logos which are sold in the retail portion of the building. These brand names are recognized by Bass Pro customers. In addition, the number of signs on this 5 sided building reflect the multiple uses located within the building. The signage presented in this package is part of the Bass Pro attraction experience which creates the tourism draw. The signage is an integral part of the overall architecture of the project • Page Two August 4, 1998 City Commission Bass Pro Signage Package South Florida is the sport fishing capital of the world. This is a one of a kind entertainment destination which will draw patrons from around the United States, as well as around the World. The proposed signage adds scale and excitement to the project which is critical for a tourist/entertainment destination. Bass Pro strives to provide top notch quality on the exterior portions of the project to match the unequaled,quality,of'entertainment they provide inside the structure. Bass Pro has found that arrival signage is important for tourists: The visual impact of the project must be stimulating to ensure its success: The monument signszonsist of two (2) fountain signs located in ponds at the entranceway to the project from Angler's Avenue, one (1) overall project identification sign located at the entranceway to the project from Angler's Avenue and one (1) identification sign for Bass Pro Shops Outdoor World located.at the entry driveway for the Bass Pro building. The fountain signs will contain a fish statue with water sprays 2 feet over the water line. All of the monument signs are intended to be illuminated from lights shining onto the signs. None of the Bass Pro signs are intended to be self-illuminated. There will be no neon lights for the project. The IGFA sign package includes a highway.sign located East of the IGFA building so that it may be seen from the I-95 corridor, one(1) monument sign located at the entry drive for the IGFA building, one(1)IGFA identification sign in front of the IGFA building and one (1) wall mounted sign located at the building entry way. The IGFA identification sign in front of the IGFA building consists of a fish sculpture on top of a base with the words "IGFA World Fishing Center." This signage package will;require a variance from the City's requirements for sign area, roof signs and number of permitted:signs per property. The following outlines the City'requirements for granting a variance and the responses from the applicant: 1) Described how special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Dania's Sportsman's Park is uniquely located along the 1-95 corridor. The project is set back from Angler's Avenue and Griffin Road so that visibility of the project is severely restricted In fact, the project is separated from Angler's Avenue by 7t"gertail Lake and the CSX railroad line, both of which further limit the visibility Page Three August 4, 1998 City Commission Bass Pro Signage Package of the project. Therefore, the project identification features at the intersection of Gu ystream Way and Angler's Avenue are extremely critical to the viability of the project. Currently, the project consists of two buildings and the identification signs located at the entry driveways for each.building are important for avoiding confusion and increasing the efficiency of traffic circulation within the project. Because the buildings are primarily visible from I-9S, a high speed thoroughfare, signage along I-9S must be adequately sized so that it can be seen and read by drivers along I--95. 2) Provide evidence that the special conditions and circumstances do not result from the actions of the applicant. The applicant did not create the CSX railroad, Tigertail Lake or I-95. 3) Describe how granting the requested variance(s)will not confer any special privilege on the applicant that is denied by the zoning code to other lands, buildings or structures in this same zoning district. Otherproperties within the City are just not similarly situated and do not have to;contend with having to identify their site facing the severe obstacles such,as setbacks of more than 1100 feet, having visibility obstructed by railways and being located on a high speed road Any of these factors would justify the granting of the requested variances. 4) Provide evidence that the literal interpretation of the provisions of the zoning code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. As stated previously, this property is uniquely located so that it is not reasonably visible from the roadways on which it is situated In addition, this project is a 70 million dollar entertainmendretail development located in an area which is essentially industrial in Page Four August 4, 1998 City Commission Bass Pro Signage Package nature, making appropriate signage even more vital to the success of the project. If the project was limited to the signage specified in the code, a tremendous hardship would threaten the viability of the project in that Potential visitors and customers would be lost because they would not know where the projectris Therefore, additional signage is needed to overcome this hardship. 5) Describe how the requested variance is the minimum variance that will make possible the reasonable use of the land, building or structure. The signage requested is the minimum signage necessary to overcome the hardships that this site faces The size and number Of signs are critical in providing identification that is easily discernable to the traveling public. Bass Pro anticipates that 4 million persons will visit the project, many of whom will be from out of town. It is extremely important to direct the visitors to the project in a safe and efficient manner. 6) Explain how the grant of the variance(s) will be in harmony with the general intent and purpose of the zoning code, and that such variance(s) will not be injurious to the area involved or otherwise detrimental to the public welfare. The Bass No signs have been designed so that they do not illuminate.themselves Instead they are illuminated by lights directed toward them Therefore, lighting can be controlled from spilling onto neighboring properties Most of the signage is contained on site and is integrated into the architecture of the building The general intent of the signage code is to allow businesses to identify themselves without a proliferation of signs leading to visual "pollution." The project signs are tasteful, interesting and artistic. They are designed to attract customers and tourists to the project. In addition, adequate signage is important to insure that traffic will be directed to the site in a safe and efficient manner which will benefit the area. Bass Pro fully believes that area residents will be proud to live near this project I r I -►J i I lb-u rn f �.17/11J!Ifil Y.)CI YJ r A Page Five August 4, 1998 City Commission ` Bass Pro Signage Package because of the high quality exhibited throughout the project, including the signage. 7) Please add any other comments which may assist the City Commission and the Planning and Zoning Board in reviewing this request. The signage package is consistent with other Bass Pro Outdoor World projects around the country, including Gurne (Chicago), Illinois; Spring(leld, Missouri;Auburn Hills (Detroit), Michigan and Grapevine(Dallas), Texas In light of the foregoing, on behalf of Sportsman Park Development Company we respectfully request approval of the Exterior Signage Package dated July 31, 1998 for Dania's Sportsman Park and grant the variances as may be necessary. Thank you for your consideration. Should you have any questions, or need further information, please do not hesitate to give me a call. ty: S SEN, P.A. o For the Firm is MASTRIANA ` CHRISRANSEN, PA ATTORNEYS AT LAW 1500 North Federal Highway, Suite 200 Fort Lauderdale, Florida 33304 98roward. (954)566-1234 mikec64029@aoLcom (Mike Christiansen) Dade. (305)949-1234 jramofce@aoLcom (Ron Mastriana) Fax: (954)566-1592 Slhojj aocom 519S@L Fax: (954 564-0122 c (Steve Hoffman) (Jon Henning) MEMORANDUM TO: TERRY VIRTA FROM: STEVE HO V4 DATE: August 18, 1998 _ FILE/RE: SPORTSMAN'S PARK EXTERIOR SIGNAGE PACKAGE Thank you for taking the time to meet with me yesterday. As you and I went through the Exterior Signage Package,you raised some questions that I was not able to address at our meeting. Below are the questions you posed and our responses. 1. Please provide details on how the sign areas were calculated. As you know, there are no standards set forth in the City Code as to how to calculate sign area. Attached are sketches which show the dimensions used to calculate sign areas. 2. The City would like to see a balancing between the requirements of the wall signs and the requested variance for the monument signs. The City Code permits the size of wall signs up to 20 percent of the wall area. Using this calculation, Bass Pro would be permitted to have 11,213 square feet of signage on its building. Bass Pro is proposing signage totaling only 4,169 square feet - less than 40 percent of the maximum permitted signage. More than 7,000 additional square feet of signage could be placed on the building under-the City's sign code. The sign code permits two monument signs at 50 square feet each. Therefore,the total monument signage area permitted for the site is 100 square feet. Bass Pro and IGFA are requesting a total of 641 square feet of monument signage, or a mere 541 square feet above the maximum area permitted The number of monument signs and the size of those signs are critical to the viability of the project. A variance is needed due to the location and size of the property. 3. Why are some of the retailer signs duplicated,eg.,Mako Marine,Tracker Boats, Silvery King? The primary reason for the duplication in signs is that the signs appear on different sides of the building. Basically, the signs are placed on the side of the building visible from I-95 and on the side of the building visible from the parking lot and the customer service area •v Il U.1 1 111/ H v-I L1 �..r a ua r frit Vic/V, r/i Page Two Terry Virta L August 18, 1998 4 4. Please identify all rooftop signs in a schedule. See attached schedule. 5. What is the overall height of the IGFA Highway sign(Sign "A")? 40 feet. BASS PRO SIGN VARIANCES SIGN HPERMAED BER SIZE (sl) ROOFTOP y PROPOSED MAX PROPOSED MAX PROPOSED PERMITTED PERMITTED WALL SIGNS South Elevation N/A 5 2316 1024 0 1 East Elevation N/A 9 3961 1117 0 6 West Elevation N/A 8 2004 760 0 0 Southwest Elevation N/A 1 459 151 0 0 Northwest&North Elev. N/A 8 2473 1117 0 3 BASS PRO TOTAL N/A 31 11,213 4169 0 10 IGFA N/A 1 164 24 0 0 MONUMENT SIGNS Outdoor World 1. 4 SO 340 N/A N/A IGFA I 3 50 301 N/A N/A TOTALS Z 7 100 641 N/A N/A Note: Highlighted areas indicate variances needed. 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CiL DESIGNER'S PLACE !AVENS OOD AT DANIA REPL T , (129-33) ® A Y� t r�aca•� NOTICE OF PUBLIC HEARING BEFORE THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA REGARDING THE FOLLOWING REQUESTED VARIANCE NOTICE IS HEREBY GIVEN that the City Commission on September 22, 1998 at 7:30 p.m., or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission Meeting Room of the Dania City Hall, 100 West Dania Beach Boulevard, Dania, Florida, to consider the following proposed Variance request. Petition No. VA-45-98 — Request by Steven V. Hoffman, for the firm of Masthana & Christiansen, PA, representing Dania's Sportsman's Park ("Bass Pro Outdoor World") which is located along the 1-95 corridor to the east, Anglees Avenue to the West and Griffin Road to the North; for variances from the following code sections concerning sign area, roof signs and number of permitted signs per property. The code sections are as follows: Chapter 3; Advertising, Article II Signs, Section 3-33 and Chapter 28; Zoning; Article 6.64 Principal Arterial Commercial Design Standards Overlay, (6) Signage and Lighting. The petitioner is-requesting the following signage package for the Outdoor World and IGFA developments: 1) 31 wall or roof mounted.signs on the five separate elevations of the Bass Pro Outdoor World Building totaling 4,169 square feet. (These signs will not:excee&20% of the surface area of any wail.) 2) 4 monument, or ground mounted structures, featuring signs totaling 330 square feet. 3) 1 wall mounted sign on the IGFA Building totaling 24 square feet. 4) 3 monument, or ground mounted, IGFA identification signs totaling 301 square feet. Property is legally described as: Parcel A of THE NCL PLAT, according to the Plat thereof recorded in Plat Book 150, at 9 ge 50, of the Public Records of Broward County, Florida, LESS that portion deeded to the State of Florida Department Transportation as recorded in Official Records Book 20030, at Page 141, of said records ' described as follows: A portion of Parcel A of THE NCL PLAT, according to the Plat thereof recorded in Plat Book 150, at Page 50, of the Public Records of Broward County, Florida, lying in the Northwest 1/4 of Section 33, Township 50 South, Range 42 East, Broward County, Florida, being more particularly described as follows: Commence at the Found Iron Pin marking the Northwest corner of the Northwest 1/4 of said Section 33, said Northwest comer being on the Baseline of Survey for State Road 818 (Griffin Road); thence run North 87 degrees 24 minutes 59 seconds East along said Baseline of Survey, a distance of 1,238.37 feet; thence South 02 degrees 35 minutes 01 seconds East, a distance of 93.89 feet to a point on the Southerly Existing Limited Access Right of Way line for said State Road 818, said line also being the Northerly boundary line of said Parcel A and the Point of Beginning; thence North 75 degrees 52 minutes 57 seconds West along said Southerly Existing Limited Access Right of Way line and said Northerly boundary line, a distance of 34.67 feet to a point on the Westerly boundary line of said Parcel A; thence South 06 degrees 44 minutes 59 seconds West along said Westerly boundary line, a distance of 10.10 feet; thence North 87 degrees 24 minutes 59 seconds East a distance of 34.85 feet to the Point of Beginning. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING Oil HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOU ANN CUNNINGHAM Administrative Assistant • PHN VA-45-98 Bass Pro Outdoor Wortd.doc CITY OF DANIA 100 WEST DANIA BEACH BOULEVARD DANIA, FLORIDA 33004 305/921-8700 APPLICATION NUMBER J�� DATE FILED APPLICATION FOR VARIANCE The undersigned petitions the City Commission of the City of Dania, ` Florida to consider the variance of the parcel(s) of land described in this application. NAME OF APPLICANT: Sportsman Park Development Company ADDRESS OF APPLICANT: 1500 N. Federal Highway, Suite 200 PHONE:954-566-1234 PROPERTY INTEREST OF APPLICANT: Fee Simple NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT) : ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: A Portion of Parcel A Of THE NCL PLAT, as recorded in Plat Book ZONING CLASSIFICATION: LOT SIZE: AREA: PRESENT USE: Vacant �f DESCRIPTION OF THE VARIANCES) REQUESTED: LIST THE NAMES AND ADDRESS OF ANY EXPERTS (PLANNER, ARCHITECT, ATTORNEY, ECT. IF ANY) : F. Ronald Mastriana, Esquire, 1500 N. Federal Highway, Suite 200, Ft. Laud., Fl 33304 -------------- Dave DeCou, 9809 Quail Cove Court, Windermere, F1 34786 PLEASE .COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH REQUEST FOR A VARIANCE MUST STAND ON ITS OWN MERITS WITHOUT REGARD TO ANY OTHER PROPERTY. The following questions pertain to the criteria upon which the City Commission and Planning and Zoning Board consider if a variance will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the zoning of the zoning code will result in unnecessary and undue hardship. 1. Describe how special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. See Attached r -� -u.u�..uuCC9S do not result from the actions of the applicant. See Attached 3. Describe how granting the requested variance(s) will not confer any special privilege on the applicant that is denied by the zoning code to other Lands, buildings or structures in this same zoning district. See Attached 4. Provide evidence that the Literal interpretaion of the provisions of the zoning code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. See Attached 5. Describe- how the requested variance is the minimum variance that will make possible the reasonable use of the land, building or structure. See Attached 6. Explain how the grant of the variance(s) will be in harmony with the general intent and purpose of the zoning code, and that such variance(s) will not be injurious to. the area involved or other- wise detrimental to the public welfare. See Attached 7. Please add any other comments which may assist the City Commission and the Planning and Zoning Board in reviewing this request. See Attached NOTE: ALL SIGNATURES MUST BE NO4ZE ORDER OF THE DANIA CITY COMMISSION. rd Peitioner Sworn to and s scribed before me this_�_day of V L� lg • �- �-_- ,V1�� Commission Expires: Notary Public AIIDA SUS l * My Coffw w CC667621 /f EaP+-Jun.26.2000 FOR USE WHEN PETITIONER IS NOT OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE IN THE PETITION FOR VARIANCE AND THAT I HAVE AUTHORIZED TO MAKE AND FILE THE AFORESAID PETITION FOR VARIANCE. • Signature of Owner Street Address, City, State & Zip Telephone Sworn to and subscribed before me this day of-------___19 Not y Public Commission Expires: ar TO BE COMPLETED BY OFFICE STAFF ONLY MATERIALS INCLUDED Plans Sketches Survey Fee List of Adjacent Property Owners • THIS FORM TO BE FILED WITH THE CITY OF DANIA'S GROWTH MANAGEMENT ANAGEMENT ACCEPTED BY: File No. FL-918-10-06-309601083 Exhibit "A" PARCEL I : Parcel A of THE NCL PLAT, according to the Plat thereof recorded in Plat Book 150, at Page 50, of the Public. Records of Broward County, Florida, LESS that portion deeded to the State of Florida Department of Transportation as recorded in Official Records Book r. 20030, at Page 141, of said records, described as follows: A portion of Parcel A of THE NCL PLAT, according to the Plat thereof recorded in Plat Book 150, at Page 50, of the Public Records of Broward County, Florida, lying in the Northwest 1/4 of Section 33, Township 50 South, Range 42 East, Broward County, Florida, being more particularly described as follows: Commence at the Found Iron Pin marking the Northwest corner of the Northwest 1/4 of said Section 33, said Northwest corner being on the Baseline of Survey for State Road 818 (Griffin Road) ; thence run North 87 degrees 24 minutes 59 seconds East along said Baseline of Survey, a distance of 1,238 .37 feet; thence South 02 degrees 35 minutes 01 seconds East, a distance of 93 .89 feet to a point on the Southerly Existing Limited Access Right of Way line for said State Road 818 , said line also being the Northerly boundary line of said Parcel A and the Point of Beginning; thence North 75 degrees 52 minutes 57 seconds West along said Southerly Existing Limited Access Right of Way line and said Northerly boundary line, a • distance of 34 .67 feet to a point on the Westerly boundary line of said Parcel A; thence South 06 degrees 44 minutes 59 seconds West along said Westerly boundary line, a distance of 10.10 feet; thence North 87 degrees 24 minutes 59 seconds East a distance of 34 .85 feet to the Point of Beginning.